Written Answers Friday 14 September 2007

Scottish Executive

Broadcasting

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive which section of the Scotland Act 1998 it considers provides a legal basis for the establishment of the proposed Scottish Broadcasting Commission.

Linda Fabiani: The Scottish Broadcasting Commission will conduct an examination into the current state of the broadcasting industries in Scotland and will make recommendations for methods by which greater success might be achieved. In these respects, the commission will be concerned with economic development and the cultural and democratic aspects of broadcasting in Scotland. The commission may make recommendations for action by the Scottish ministers or by other persons. The commission may also identify matters that it believes should be considered further by the Scottish Parliament.

Concessionary Travel

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what the (a) projected and (b) actual cost was of the bus and ferry concessionary travel scheme in each of the past three years.

Stewart Stevenson: Scotland-Wide Free Bus Travel for Older and Disabled People cost £154.56 million against a budget of £159 million in 2006-07 which was the first year of operation of the Scheme.

  The ferry element of the scheme cost £0.507 million against a budget of £1.7 million in 2006-07 which was the first year of operation of the Scheme.

Concessionary Travel

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what the cost was of administering the bus and ferry concessionary travel scheme and what proportion this represents of the budget for the scheme in each of the last three years.

Stewart Stevenson: The cost of administering the Scotland-wide concessionary travel scheme for older and disabled people was £4.163 million in the financial year 2006-07 (the first year of operation of the scheme). This figure represents 2.59% of the budget for the scheme for the same period.

  Data from an efficient government savings exercise revealed total Scottish local authority expenditure on administering the local concessionary travel schemes to be £8.487 million in 2004-05. This figure represents 5.28% of the budget for the Scotland-wide concessionary travel scheme for older and disabled people.

Concessionary Travel

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what the projected cost is of the bus and ferry concessionary travel scheme for each of the next three years.

Stewart Stevenson: The projected cost of Scotland-Wide Free Bus Travel for Older and Disabled People is £163 million in 2007-08 as reflected in the 2007-08 Draft Budget . Spending plans for 2008-09 and 2009-10 financial years will be determined as part of the current spending review process SSR07.

  The projected cost of the ferry element of the scheme is £0.73 million in 2007-08.

Concessionary Travel

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what the costs have been of each extension of eligibility for the bus and ferry concessionary fares scheme in each of the last three years.

Stewart Stevenson: There were no extensions to eligibility for Scotland-wide free bus travel for older and disabled people or to the ferry element of the scheme during 2006-07.

Concessionary Travel

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what estimates have been made of what proportion of people eligible under the bus and ferry concessionary travel scheme are currently making use of it and of the pattern of use.

Stewart Stevenson: There are currently around 1 million Scottish residents with a valid national entitlement cards allowing them to access Scotland-wide free bus travel for older and disabled people.

  There are currently 1.2 million people eligible for the bus and ferry scheme, and of this one million people are making three million journeys per week.

Concessionary Travel

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what total payments were made to bus and ferry operators in respect of concessionary travel schemes in each of the last three years.

Stewart Stevenson: The total payments made to bus and ferry operators in respect of concessionary travel schemes were £154.56 million and £0.507 million respectively in 2006-2007 (the first year of operation of the schemes).

Concessionary Travel

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what impact the concessionary travel scheme has had on bus and ferry patronage levels in each of the last three years.

Stewart Stevenson: Scotland-wide free bus travel for older and disabled people commenced in April 2006. The journey numbers for the first year of operation of the scheme were 156.1 million. This is an increase of 5.9% on the journeys made in the previous year (2005-06) under the previous local concessionary travel schemes for bus travel, which totalled 147.35 million. By comparison, the journeys made under the local concessionary fare schemes for bus travel increased in 2005-06 by 1.35% on the 2004-2005 concessionary bus journeys of £145.39 million.

Concessionary Travel

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S2W-24414 by Tavish Scott on 28 March 2006, what the projected cost of national concessionary fares scheme provision for companions of older and disabled travellers requiring assistance to travel is for 2007-08.

Stewart Stevenson: There is no separate categorisation for concessionary cardholder companions in Transport Scotland’s concessionary claim process. Therefore it is not possible to identify separately this element of concessionary travel. Projections are based on total concessionary journey levels.

Legal Aid

Tavish Scott (Shetland) (LD): To ask the Scottish Executive what changes have been made in 2007 to the administration of the Scottish legal aid scheme and what further changes are envisaged.

Kenny MacAskill: A number of improvements have been made to the Scottish legal aid scheme to deliver government policy or as part of the Scottish Legal Aid Board’s (SLAB) programme of continuous improvement.

  A new simplified system of Civil Advice and Assistance was introduced from 1 May 2007. The previous minimum fee was replaced by a diagnostic interview which allows solicitors to determine whether the subject matter is one of the distinct categories of cases covered by Advice and Assistance. The list of distinct categories was agreed with the Law Society of Scotland.

  SLAB is currently piloting an online application facility for civil legal aid with a number of firms. It intends to develop the system further over the next six months and extend it to other types of legal assistance. This will be done in tandem with other improvements to computer systems which should help reduce processing times and unnecessary bureaucracy.

  In October 2006 SLAB launched a major project within the board to consider and develop ways of simplifying the Civil Legal Aid System. Since then it has introduced several changes to the application form, removing the requirement to answer several questions and provide statements in certain types of simplified divorce proceedings. SLAB has also amended the information leaflets and revised the Civil Legal Aid handbook and has piloted a scheme enabling financial eligibility to be assessed by telephone with the applicant directly.

  Any disputes between the board and a solicitor or counsel about the amount of fees or outlays in cases before the Judicial Committee of the Privy Council can now be referred to the registrar of the JCPC for taxation. Any party subsequently dissatisfied with the taxation now has the right to lodge a petition to the JCPC.

  Regulations introduced in February 2007 amended the block fee structure for civil legal aid, addressing several issues and increased the fees payable in a range of cases. We are currently undertaking an exercise to evaluate more generally the effect of the block fee structure and proposals, developed by SLAB in conjunction with the profession, will be considered by ministers by the end of the year.

  SLAB has also been liaising with the Law Society on the introduction of a system of Quality Assurance for Criminal Practitioners. The Review Criteria have been agreed and a pilot review exercise is expected to begin soon.

  During the remainder of the financial year 2007-08 SLAB will introduce new, simpler forms for civil legal aid; work towards the possible introduction of "model applications" intended to cut down on the work involved in putting together an application; introduce template style sanction applications, pilot a supplier support system to share administrative data on individual firms with the firms to help them identify training needs or changes to their work practices which could improve the efficiency and effectiveness of their civil legal assistance. SLAB will also be evaluating its procedures for stage reporting and special urgency work and consider possible improvements to its financial assessment methodology.

  In February 2007, the Law Society of Scotland undertook as consultation on reforms to legal aid for solemn criminal cases. SLAB and the Scottish Government are considering amendments to solemn legal aid in the light of that consultation. SLAB will issue shortly a consultation on reform to summary criminal legal assistance, to reflect the proposed changes to the summary justice system contained in the "system model" published in September 2007. SLAB and the Scottish Government are developing new legal aid arrangements for criminal appeals.

Legal Aid

Tavish Scott (Shetland) (LD): To ask the Scottish Executive how many solicitors’ practices currently undertake legal aid work under the Scottish legal aid scheme and how many undertook such work in each of the last five years, broken down into firms offering (a) only civil legal aid work, (b) only criminal legal aid work and (c) both civil and criminal legal aid work.

Kenny MacAskill: The information on the number of solicitors’ practices who undertake legal aid work is collected centrally by the Scottish Legal Aid Board.

  The following table provides information on the number of firms receiving payment from the Scottish Legal Aid Board in each of the financial years shown.

  

Firms Receiving Payment in Respect of:
2002-03
2003-04
2004-05
2005-06
2006-07


Civil legal assistance
951
918
876
829
778


Criminal legal assistance
796
794
757
733
723


Civil legal assistance only
213
196
191
181
165


Criminal legal assistance only
58
72
72
85
110


Both civil and criminal legal assistance
738
722
685
648
613


Total (any form of legal assistance)
1,009
990
948
914
888

Legal Aid

Tavish Scott (Shetland) (LD): To ask the Scottish Executive what monitoring is undertaken to measure the availability of solicitors’ practices undertaking legal aid work under the Scottish legal aid scheme in each local authority area.

Kenny MacAskill: Regular analysis is undertaken by the Scottish Legal Aid Board of the number of firms which submit applications for civil legal aid and advice and assistance. This analysis provides a reasonably detailed picture of patterns of provision at local authority level or by travel to work area where that is more appropriate. Where analysis suggests a particularly significant change in a specific area, the board can undertake more detailed examination of the patterns of work dealt with by individual firms in the area.

  The board also monitors correspondence or telephone enquiries received where they suggest that there may be difficulties with provision in a particular area.

  In addition to its current analysis, the board will also be undertaking a survey of the particular types of work which registered providers of civil legal assistance undertake. This will help potential applicants to identify solicitors most likely to be able to take on their case. It will also help the board to identify areas where there are few solicitors offering legal aid services, either in general or in particular types of case.

Prison Service

David Whitton (Strathkelvin and Bearsden) (Lab): To ask the Scottish Executive whether any penalty payments will be made to the four private sector firms that had reached stage two of the original tendering process for the new Low Moss prison.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  No.

Public Bodies

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive whether consideration will be given to locating the Glasgow city-region strategic development planning authority in Clydebank.

Stewart Stevenson: Strategic Development Plan Authorities (SDPAs) are not proposed to be freestanding corporate bodies, but will consist of a joint committee of members representing the constituent planning authorities.

  The current consultation paper on statutory guidance for SDPAs recommends the establishment of small dedicated teams of officials to service the committee and to prepare and review the strategic development plan. These teams will require permanent offices, which the government would wish to see provided in the most cost effective way. Although the guidance suggests that neutral location be considered, that should be necessary in limited cases.

  Further views on these matters may be received in the course of the current consultation and will be considered before the guidance is finalised.

Road Accidents

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what information it has on the proportion of road deaths that can be attributed to (a) not wearing seatbelts, (b) fatigue, (c) speeding, (d) running a red light at an intersection, (e) being under the influence of alcohol and (f) being under the influence of drugs.

Stewart Stevenson: Data about injury road accidents are collected by the police and reported to the Scottish Government using the Stats 19 statistical report form, the specification for which was expanded with effect from the start of 2005 to collect information about the factors which may have contributed to the occurrence of an accident. It must be emphasised that the contributory factors shown in the Stats 19 returns reflect the reporting officer’s opinion at the time of making the report, and are not necessarily the result of extensive investigation: subsequent enquiries could lead to a change in the opinion of the reporting officer. The factors are largely subjective, and depend upon the skill and experience of the reporting officer in reconstructing the events which led directly to the accident, based upon the information available at the time of making the report. There may be accidents for which the reporting officer cannot identify any contributory factors.

  Information about contributory factors is given on pages 53 to 74 of Road Accidents Scotland 2005, published by the Scottish Executive in November 2006, which is available in the Scottish Parliament Information Centre (Bib. number 41118). Table Five (on pages 71-72) shows the numbers of deaths in accidents for which each contributory factor was recorded. The categories in that Table include ones which relate to all the topics for which information was requested apart from not wearing seatbelts:

  for (b) - see "fatigue"

  for (c) - see "exceeding speed limit" and, perhaps, "travelling too fast for the conditions"

  for (d) - see "disobeyed automatic traffic signal" and, perhaps, "disobeyed Give Way or Stop sign or makings"

  for (e) - see "[driver/rider] impaired by alcohol" and "[pedestrian] impaired by alcohol"

  for (f) - see "[driver/rider] impaired by drugs (illicit/medicinal)" and "[pedestrian]".

  The Stats 19 returns do not collect any information about whether or not seat belts were worn.

Road Accidents

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what proportion of road deaths in each of the last four years occurred on (a) urban and (b) rural roads.

Stewart Stevenson: The information requested can be obtained from the figures which appear in table 23 of Road Accidents Scotland 2005 (published by the Scottish Executive in November 2006, this gives figures for 1995 to 2005, inclusive) and table 6 of Key 2006 Road Accident Statistics (published by the Scottish Executive in June 2007, this gives figures for 2004 to 2006, inclusive). Copies of both publications are available in the Scottish Parliament Information Centre (Bib. numbers 41118 and 42962, respectively).

  In such tables, and for the purpose of other road accident statistics which are published by the Scottish Government, "built-up roads" (i.e. roads with speed limits of up to 40mph) represent urban roads, and "non built-up roads" (i.e. roads with speed limits of over 40mph) represent rural roads.

Road Accidents

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what proportion of road deaths in each of the last four years occurred on roads for which (a) it is responsible and (b) local authorities are responsible.

Stewart Stevenson: For the years up to 2005, the information requested can be obtained from the figures which appear in the "Scotland" totals in table 36 of Road Accidents Scotland 2005 , published by the Scottish Executive in November 2006, which is available in the Scottish Parliament Information Centre (Bib. number 41118). The corresponding figures for 2006 are given in the following table.

  People Killed in Road Accidents in Scotland in 2006

  

Type of Road
Number of Deaths


Trunk roads
102


Local authority roads
211


All roads
313

Road Accidents

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what proportion of road vehicles have air bags installed.

Stewart Stevenson: The Scottish Government has no functions in relation to vehicle safety standards.

Road Accidents

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive whether it has any information on what proportion of road accidents in Scotland involved an international visitor.

Stewart Stevenson: Data about injury road accidents are collected by the police and reported to the Scottish Government using the Stats 19 statistical report form. These returns cover only road accidents in which one or more people were injured and which become known to the police. The returns do not cover damage-only accidents or accidents of which the police are unaware because they were not reported by the public.

  The specification of the Stats 19 returns includes a code which the police can use to identify as non-UK residents any drivers or riders, of vehicles involved in reported accidents, whose homes are outwith the UK. However, this information is not available in all cases - for example, the police will have no knowledge of the areas of residence of hit and run drivers. The true number of foreign motorists involved in accidents will therefore be higher than would appear from the Stats 19 data, and the true number of accidents involving foreign motorists will therefore be higher than the figures given in the following table.

  Reported Injury Road Accidents which Involved Motor Vehicle Drivers or Riders who were Coded in the Stats 19 Returns as being Non-UK Residents

  

Year
Accidents


2002
104


2003
103


2004
105


2005
116


2006
97



  On average, therefore, about 105 accidents per year involved a foreign motorist. Over the same period, there were on average 13,713 reported injury road accidents per year (as shown in table 8 of Key 2006 Road Accident Statistics, published in June 2007 by the Scottish Executive, copies of which are available in the Scottish Parliament Information Centre (Bib number 42962)). The proportion of reported injury road accidents which involved a foreign motorist is therefore about 0.008 (i.e. 0.8%).

Road Safety

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive how many of its officials are employed to deal with matters related to road safety.

Stewart Stevenson: There are currently 18 officials (expressed as full-time equivalents) engaged in a wide range of road safety activities.

Road Safety

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what funds it has committed to promote a greater understanding of the dangers while driving of (a) not wearing a seatbelt, (b) fatigue, (c) speeding, (d) running a red light at an intersection, (e) being under the influence of alcohol and (f) being under the influence of drugs.

Stewart Stevenson: Information is not available in the format requested.

  The Scottish Government has committed £410,000 for road safety media in 2007-08. A further £488,329 has been allocated for safety camera related publicity on speeding and red light running.

  The government provides funding to Road Safety Scotland for the development of road safety education resources and publicity messages. Road Safety Scotland has allocated £375,000 for road safety publicity in the current financial year. Road Safety Scotland’s budget for 2007-08, showing a breakdown of expenditure, can be accessed at www.srsc.org.uk/about/ar_bp_07-08.asp.

Road Safety

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what resources it plans to commit to promote driver education and safer road user behaviour.

Stewart Stevenson: The Scottish Government provides funding to Road Safety Scotland for the development of road safety education resources and publicity messages. Details of Road Safety Scotland’s budget for 2007-08, showing a breakdown of expenditure, can be accessed at:

  www.srsc.org.uk/about/ar_bp_07-08.asp.

  Future resources for Road Safety Scotland will be dependent on the outcome of the current Strategic Spending Review.

Roads

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive what estimate it has made of the annual number of vehicles using each trunk road, not including those in the south-west and north-west of Scotland.

Stewart Stevenson: I refer the member to the answer to question S3W-3236 on 4 September 2007. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

Transport

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive when it expects to make its views known on the Regional Transport Strategy for the West of Scotland submitted by Strathclyde Partnership for Transport.

Stewart Stevenson: I have been examining all seven Regional Transport Strategies in detail. They are complex documents that deserve careful consideration. I wish to take further time before making my views known.

Transport

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive which major transport projects have been considered for funding or approval since September 2003 without having a STAG appraisal.

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive which major transport projects have had a STAG appraisal since September 2003 and on what date each project was appraised.

Stewart Stevenson: No major transport project has been considered for approval or funding since September 2003 without the appropriate appraisal being in place.

Transport

Des McNulty (Clydebank and Milngavie) (Lab): To ask the Scottish Executive what figures were used in calculating the present value of (a) benefits and (b) costs to determine the benefit to cost ratio for the Edinburgh Airport Rail Link, giving the respective values concerned, and whether these figures represent current assessments of benefits and costs.

Stewart Stevenson: The following table identifies the values used to calculate the 2.16 Benefit-Cost Ratio (BCR) for the Edinburgh Airport Rail Link (EARL). The figures in the table were included in the Design Development Appraisal (DDA) from December 2005. All values are expressed in discounted 2002 prices over a standard 60-year appraisal period.

  

User Benefits
 
STAG
PVB-60
(£ Million)


Safety
Accident Savings
PV1
£2.58


Travel Time
Highway Time Savings
 
£433.65


 
PT Time Savings
 
£772.73


 
Rail Stopping Delays
 
-£68.27


 
Net Time Savings (Sub-Total)
PV2
£1,138.10


User Charges
User Charges
PV3
-£242.54


VOC
Fuel
 
£36.32


 
Taxation
 
£121.61


 
Non-Fuel
 
£48.64


 
Net VOC (Sub-Total)
PV4.a
£206.57


Quality/Reliability
Performance Impacts
 
-£18.98


 
Station Facilities
 
£32.66


 
New Rolling Stock
 
£0.00


 
Net Quality/Reliability (Sub-Total)
PV4.b
£13.68


Residual Value
Residual Value at the of appraisal period
PV4.c
£12.82


Private Sector Costs
 
STAG
 


Private Sector Provider Impacts
Investment costs from private sector
PV5
£0.00


 
Operations, Maintenance & Renewals Costs
PV6
-£275.78


Revenues
EARL (Airport-bound trips)
 
£379.54


 
EARL (Non-Airport trips)
 
£0.00


 
Bus and Coach
 
-£48.19


 
LRT
 
-£88.80


 
Net Revenue (Sub-Total)
PV7
£242.54


Grant/Subsidy
Grant subsidy from Private Sector
PV8
£0.00


 
Present Value of Benefits (PVB)
 
£1,097.98


Public Sector Impacts
 
STAG
 


Investment Costs
Investment Costs from Public Sector
PV9
-£387.17


OMR Costs
Operations, Maintenance & Renewals
PV10
£0.00


Grant/Subsidy
Grant/Subsidy required to operate system
PV11
£0.00


Revenues
Revenue Streams from Public Sector
PV12
£0.00


Taxation
Taxation from Public Sector
PV13
-£121.61


 
Present Value of Costs to Government (PVC)
 
-£508.78


Net Present Value (NPV)
£589.20


NPV/K Ratio
1.52


Benefit/Cost Ratio (BCR) to Government
2.16

Voluntary Sector

Gil Paterson (West of Scotland) (SNP): To ask the Scottish Executive whether the current youth volunteering arrangements ensure best value.

Jim Mather: The Local Government in Scotland Act 2003 places a statutory duty on local authorities to make arrangements to secure Best Value. In relation to public bodies, the duty is on Accountable Officers under the Memorandum to Accountable Officers (Public Finance & Accountability (Scotland) Act 2000).

  It is for local authorities and public bodies who deliver public services in partnership with voluntary organisations to ensure that the principles of Best Value are applied throughout their service delivery.

  In taking forward these duties best value organisations will have regard to economy, efficiency, effectiveness, equal opportunities requirements and to the achievement of sustainable development.

  Where an organisation is not covered by the act, youth volunteering arrangements are a matter for each organisation providing volunteering opportunities.

  Where the Scottish Executive has a funding relationship with such an organisation, grant is paid on the basis of a sound application and ongoing monitoring.

Voluntary Sector

Claire Baker (Mid Scotland and Fife) (Lab): To ask the Scottish Executive what plans it has to implement the principles of the Strategic Funding Review.

John Swinney: The work of the Strategic Funding Review concluded in February 2007, with the agreement of the Convention of Scottish Local Authorities and the Scottish Council for Voluntary Organisations. The final two papers from the review, on support services and full cost recovery, were published at that time.

  The Scottish Government supports the general principles of the review, noting that implementation falls largely to those who fund and those who receive funding to work more closely together. Effective cooperation, particularly with councils and public sector bodies, should enable third sector organisations to contribute fully to a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable economic growth.

Voluntary Sector

John Lamont (Roxburgh and Berwickshire) (Con): To ask the Scottish Executive whether it plans to reduce the legislative burden on voluntary organisations.

Jim Mather: We are committed to reducing unnecessary burdens on all public service providers. The Independent Review of Scrutiny, led by Professor Lorne Crerar, is examining how regulation, audit, inspection and complaints are functioning in Scotland’s public services. The review is developing recommendations for a better system of scrutiny which should reduce the burden of regulation on third sector bodies which deliver such services.

  The Executive have supplied the following corrected answer:

  S3W-3399

  S3W-3400

  S3W-3417

  S3W-3465

  S3W-3488

  S3W-3499

  S3W-3500

  S3W-3893

  S3W-3895

  S3W-3896

  S3W-3897

  S3W-3898

  S3W-3899

  S3W-3900

  S3W-3901

  S3W-3910

  S3W-3912

  S3W-3929

  S3W-3930

  S3W-3931

  S3W-3933

  S3W-3959

  S3W-3965